The most controversial change ever proposed to the Federal Rules of Appellate Procedure is scheduled to take effect later this year. If approved by the U.S. Supreme Court and Congress, Federal Rule of Appellate Procedure 32.1, which authorizes citation to non�precedential federal appellate court rulings in briefs filed in all of the U.S. Courts of Appeals, will become law.
At present, some federal appellate courts permit their non�precedential rulings to be cited in briefs; other federal appellate courts disfavor such citations but permit them when no on�point precedential decision exists; while a third group of federal appellate courts almost entirely prohibits the practice.
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